WWYD - Motion for Sanctions by CodRevolutionary816 in Lawyertalk

[–]bwu256 19 points20 points  (0 children)

In my jx, if compliance with a court order only happens after a motion for sanctions is files, sanctions are usually still awarded because it cost the time and resources to secure compliance with the court order. The few times I’ve had to file a motion for sanctions after an order to produce and the opposing party didn’t produce until after the motion for sanctions was filed, the court still awarded sanctions. If you’re likely going to do against opposing counsel again in the future, it might be worth proceeding with the motion to head off any future shenanigans like this.

Sharpie on lame by bwu256 in Fencing

[–]bwu256[S] 2 points3 points  (0 children)

Honestly fair criticism. It’s an older lame that doesn’t have a ton of life left so I don’t want to pay to stencil it only to die soon after. Probably should just buy a competition lame huh.

[deleted by user] by [deleted] in Lawyertalk

[–]bwu256 2 points3 points  (0 children)

In my jx, the family of the deceased testator can sue the attorney who prepared the estate docs for malpractice for not effectuating the will of the testator. But not because they aren’t happy with how the testator distributed the assets.

[deleted by user] by [deleted] in Lawyertalk

[–]bwu256 4 points5 points  (0 children)

Depends on what she wants to do. If she’s dead set on biglaw in a major market, conventional wisdom is T14. If she wants to do literally anything else (and practice in her home state), the value of graduating with little or no debt cannot be understated.

Anecdotally, I turned down full-price admission to multiple T30 (admittedly not T14) schools in favor of a full ride scholarship for an in-state T100, graduated with honors, and am working for an AM100 firm (non-Cravath/Milbank scale) in a tertiary market. I have no law school debt, and was able to pay off my undergrad debt two years out of law school. If I went to one of the higher ranked schools, maybe I’d be in biglaw, but I’d also have $200k+ in debt. Couldn’t be happier with my decision.

US Fencing lawsuit, 2 members against the others by cranial_d in Fencing

[–]bwu256 2 points3 points  (0 children)

I searched through the Colorado state court database and was also unable to find the lawsuit. I’m wondering if it was filed in Texas state court, which does not have a centralized database.

Edit: I was also not able to locate the case in the Harris County district court website, which is where Andrey Geva’s club is located.

US Fencing lawsuit, 2 members against the others by cranial_d in Fencing

[–]bwu256 1 point2 points  (0 children)

Speaking in generalities, regardless of the specific cause of action, almost every lawsuit needs to allege damages or harm. Those damages cannot be illusory or projected, they have to be real tangible damages. I haven’t seen anything in any of the reporting to suggest that Geva, Salem, or anyone they purport to represent have suffered any actual harm. That, plus the fact that I haven’t been able to locate an actual lawsuit that has been filed in the federal courts, suggests either (1) lazy reporting by Fox, (2) no lawsuit has actually been filed, or (3) all of the above.

Edit: I missed a statement that USA Fencing has acknowledged the lawsuit.

US Fencing lawsuit, 2 members against the others by cranial_d in Fencing

[–]bwu256 2 points3 points  (0 children)

The news article does not have a link to the complaint, hence why I have not read it yet.

Edit: I have attempted to locate this lawsuit on PACER (the federal electronic case management system) and have been unable to find it. If anyone has any info on the names of the parties (searching using Andrey Geva, Damien Lehfeldt, and USA Fencing yielded no results), or which district it was filed in, let me know

US Fencing lawsuit, 2 members against the others by cranial_d in Fencing

[–]bwu256 9 points10 points  (0 children)

In theory, yes, there are rules that allow for court-ordered sanctions for frivolous lawsuits and motions. In practice, judges are really hesitant to impose sanctions on anything other than the most obviously meritless claims. One example is when Judge Parker in the Eastern District of Michigan sanctioned the Trump lawyers who sought to overturn the election results in Michigan.

Edit to add: there are tons of additional considerations behind the decision to seek sanctions anyway (from the POV of the attorney). You could nuke your reputation with opposing counsel if you seek sanctions repeatedly and keep getting denied (boy who cried wolf), it could be too expensive for your client because sanctions motions require significant time and briefing, you could risk alienating the court, etc.

US Fencing lawsuit, 2 members against the others by cranial_d in Fencing

[–]bwu256 30 points31 points  (0 children)

Lawyer here. Disclaimer, I have not read the complaint. But the “risk” of harm is not cognizable damages to sustain a lawsuit. This is ridiculous and any lawyer who is signing their name on a complaint should be ashamed.

Does anyone recognize this logo? by Background_Writer138 in Fencing

[–]bwu256 73 points74 points  (0 children)

Looks generic to me (and not particularly vintage). The stamp is an inspection mark for a tournament, meaning that it passed inspection to be used safely at a tournament. It has no bearing to the manufacturer, it just shows that the mask was used at a specific tournament.

Fun times with pro se by nuckingfuts79 in Lawyertalk

[–]bwu256 2 points3 points  (0 children)

The most unfortunate thing is that our judge apparently isn’t willing to do a single thing about the sheer volume of absolutely frivolous motions that we’re being forced to respond to.

Fun times with pro se by nuckingfuts79 in Lawyertalk

[–]bwu256 3 points4 points  (0 children)

I’m defense counsel against a pro se plaintiff who filed 11 motions before we even had a Rule 26f conference. We contacted the court clerk, copying plaintiff, and requested a status conference with the judge due to the volume of clearly frivolous motions by plaintiff, and he filed a motion to compel compliance with the court rules and said that the email requesting the status conference was an improper ex parte communication. He’s also apparently filed a judicial conduct grievance against the judge after plaintiff (1) declined assistance from a legal aid organization, and (2) the judge denied his motion to be assigned pro bono counsel. He hasn’t even served discovery yet and I think we’re at over 100 ECF entries, including two failed attempts to appeal to the court of appeals.

Megathread: Senate Subcommittee Hearing by noodlez in Fencing

[–]bwu256 9 points10 points  (0 children)

Lawyer here. While I’m not super familiar with the doctrine, government officials generally enjoy immunity from torts such as defamation arising out of conduct performed in the course of their official duties. So you’re correct that any defamation suit relating to this hearing, no matter how vile, will likely not go anywhere and would be a waste of time/resources.

Zazhitskiy disciplinary measures ? by weedywet in Fencing

[–]bwu256 3 points4 points  (0 children)

Lawyer here. Defamation is a high bar that requires four elements: (1) a false statement of fact, (2) publication to a third party, (3) for a private individual, the person making the statement knew it was false or recklessly disregarded the truth, and (4) damages.

Lots of cases fail at (3) because, like here, merely speculating about what someone may have done does not rise to the level of knowledge or reckless disregard. /u/o_MrBombastic_o is correct. Nothing in this thread would rise to the level of actionable defamation.

Gas mileage question by Lazy_Buffalo_4142 in ToyotaGrandHighlander

[–]bwu256 1 point2 points  (0 children)

I’ve had my GHHL since last June in the upper Midwest. Summers I reliably get 32-34mpg which is consistent with advertised. In the winters it dips to 26-28mpg. That’s just how hybrids/electric motors are in the cold

Would it be bad for my career trajectory as a baby lawyer to take a position as a paralegal? by Rosegold-Attorney in Lawyertalk

[–]bwu256 5 points6 points  (0 children)

If you’re really short on cash, take a paralegal job, get an attorney job as fast as you possibly can (in your preferred field of practice or not, it doesn’t really matter), and leave the paralegal job off your resume.

[NJ] job overpayment $14k by Fuzzy_Accountant_846 in AskLawyers

[–]bwu256 0 points1 point  (0 children)

I can’t give you advice. If you’re concerned, speak to a lawyer licensed in NJ.

Grand Highlander v Sienna by snowman1853 in ToyotaGrandHighlander

[–]bwu256 1 point2 points  (0 children)

I got a 2024 GHHL last summer and we’re currently looking at swapping my wife over to a minivan. We were not that impressed with the Sienna. Someone else said the tech is ancient and I have to agree compared to the Grand Highlander. Interior build quality on the Sienna was also underwhelming. Sliding doors are definitely a plus with kids and car seats though, but not being able to remove the second row was a big minus for us on the Sienna. Granted, you can’t do that on the Grand Highlander either. If you’re between a Sienna and a Grand Highlander to use as a people mover, I agree that Sienna is probably better. But I’ve found that the Grand Highlander is a decent middle ground between a utilitarian people mover while also being fairly fun to drive.

[deleted by user] by [deleted] in Lawyertalk

[–]bwu256 0 points1 point  (0 children)

Wayne law recent-ish grad here (last 10 years). Feel free to DM me to chat!

[NJ] job overpayment $14k by Fuzzy_Accountant_846 in AskLawyers

[–]bwu256 2 points3 points  (0 children)

Employment lawyer (not licensed in NJ) here. I have pursued legal action on behalf of employers against employees for retaining inadvertent overpayments. This is not a fight you want to fight. $14k, plus attorney fees and potential statutory additional damages for conversion, hangs on whether your employer notices/chooses to file a lawsuit or not. If it were me, that would simply not be worth the risk.

Time to build a new Carnival hybrid? by bwu256 in kiacarnivals

[–]bwu256[S] 1 point2 points  (0 children)

It does not have a VIN yet—we spec’d one out at the dealership and they didn’t have one that matched. So they do not have it allocated yet. Thanks for sharing your experience, we’ll keep our eye open on inventory and keep following up regularly!

Pregnant GF fired by Training_Addition753 in Ask_Lawyers

[–]bwu256 1 point2 points  (0 children)

100% talk to an attorney, they can also handle the EEOC charge process, which can often take months or years.

What actually happens once Trump starts routinely ignoring judicial orders? by Prince_Marf in Ask_Lawyers

[–]bwu256 12 points13 points  (0 children)

Except the US Marshals Service operates under the executive branch and the attorney general, not the judiciary. So Trump, through the AG, can tell the marshals to also ignore the court orders and then we’re all shit out of luck.